Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-04-28
PAVING ORDINANCE.
HAS IT LEGAILY PASSED COUNCIL THE
POPULAR cONUEDRUM.
Which No One Feels Able 70 SOlvs-Ths Drih
Of Discussion on the
Matter.

The members of Council and city OIL
Gals generally devoted good part of yes
terday to resting from their usual ayOca-
tons while they discussed the action ofthe
Second Branch in relation to the report of
the Finance Committee. The difference of
opinion upon the suffieiency and legality
of the work done by the lower house was
very marked, and the views expressed were
often noticeable for the ingenuity OF the
arguments and the fearful aud wonderful
manner in which the plain and unvarnish-
ed parliamentary rules laid down by various
authorities were twisted about to bolster
up the positions taken by gentlemen upon
either side.
The situation ofthe ordinance, in brief,
is this: The report of the Committee, in
the form of an appropriation ordinance,
was introduced in the Second Branch at
the first regular meeting in April After
an unsuccessful attempt by Mr.. Robert
son to amend it, it was read three times
and passed with its title by a twO-third
vote Tuesday evening, after a motion to
reconsider had failed, the document was
sent to the First Branch. Here the friends
of the Robertson amendment succeeded in
making the change desired by them, and
then, after the ordinance had been read
three times, it was also passed by q two
thirds vote. But the Second Branch had
not coacurred in the amendment, and IT
was sent back TO the body where it had
been originated, for such concurrence.
There the amendment by the First Branch
was concurred in, and the ordinance, as
amended, was passed by majority vote.
These are the facts. Now for the differ
epces of opinion rs to the sufficiency of the
action:
The opponents of Mr.. RObertson's amend
ment claim that after the action of the
First Branch, in amending, had been con-
CURED in, the ordinance rs amended
should have been passed by q two-thirds
vote, or failing in that, should have major
ity at two successive meetings. Mr.. Robert
son and his friends say this is not so. They
claim that as the ordinance, in it original
form, had been read three times and passed
by twO-thirds vote in the Second Branch
the only action necessary by that Branch
after the amendment had been made by
the upper house, was a simple concurrence
in the amendment This done, they claim
the ordinance was legally in force, and the
majority vote in the Second Branch, pass
ing the ordinance rs amended. was unncc-
essary and uncalled for.
This being the situation, no one seems
to know who is right anu who wrong, and
it is probable, TO make everything safe,
the paper will be resurrected Friday night
and passed once more "lOr luck" as Il
Robertson supporter said yesterday. This
side say passing the ordinance once or twice
more won't hurt it, and may satisfy the
fears of the minority, but they still insist it
is now in force, and was from the moment
the amendment OF First Branch was con-
Cured. City Clerk Bowers and Receiver
Dunaway are both of the opinion the ordi-
nance is not yet legally through Council,
and both gentlemen said yesterday no orders
under the ordinance would be issued until
Council settled the question or the City
Solicitor had expressed an opinion. Mr..
Caldwell had intimated rather broadly,
during Tuesdays session, that he thought
the action then had was insufficient, but
whetherc he has revised that Oll-hand Opin-
ion or not could not be learned yesterday.
Folks who claimed to know the senti-
mentS of the Board of Public Works stated
yesterday that the members were surprised
at the action of Council, but at the same
time they did not consider the ordinance
legally in force.
The Councilmen from the Eighth ward
were also quoted yesterday as being very
sore over the triumph of Mr.. Robertson.
Maybe the fun is not all over.